OPINION: John Edwards Had More To Consider Than Just Prison Time

The media when its writing about John Edwards’ decision to fight the charges versus pleading guilty seem to focus solely on whether Edwards would have prison time as part of his sentence or not. Forget the presumption of innocence, they also seem to discount what a convicted individual faces post conviction or guilty plea, especially supervised release. Even if Edwards serves no time in prison, he is likely to be sentenced if he pleas or is found guilty to two or three years of supervised release. Although it is certainly not “prison time,” supervised release in the federal system is not a piece of cake.

Here are some of the limitations:

• First and foremost, if Edwards were to commit another crime even a traffic offense he risks being sentenced to spend the remainder of his time on supervised release confined in prison or in some other form of confinement.

• Edwards will have to report monthly to a probation officer about his work, activities, financial condition, etc. The probation officer may inspect his home and require more frequent reporting.

• Edwards will not be able to travel outside the Judicial District without permission, and wherever he travels he may be required to report to a local probation officer and have his activities supervised by the local officer.

• Edwards may be required to undergo drug testing and/or restrictions on alcohol consumption.

• Edwards may be restricted in whom he may contact or associate with during the time of supervised release.

• The Court may place other restrictions on his travel, employment, associations, and activities.

This will be only the beginning had he plead guilty or if he is found guilty. Depending on crime he will face a plethora of restrictions on his civil rights, employment opportunities, associations, and even places he can visit, long after any prison sentence or supervised release.

His decision to fight the charges is not simply a decision to undergo prison or not. Prosecutors do not like to discuss supervised release or collateral civil consequences of a guilty plea or conviction because it heightens awareness that to some extent a conviction or guilty plea involves a lifetime of going from one type of prison to another – from a prison of walls made of brick and razor wire to different prisons made with walls made of a different material.

Next time you read about Edwards decision to fight the charges realize that his decision is more than about a few months in prison. It’s about a lifetime.